HomeMy WebLinkAboutERM-West - Amdnt no. 15 to Agreement - 05.31.23UUUUJIIJ.II CIIVCIUPU IU. 0k r_rDUJ/--+JyJ-'FD Ir-Mr-40-J0 IF-UJI IJJ IU
AMENDMENT NO. 15 TO AGREEMENT
TO PROVIDE PROFESSIONAL ENGINEERING AND RELATED
ENVIRONMENTAL SUPPORT SERVICES BETWEEN
THE CITY OF FRESNO AND ENVIRONMENTAL RESOURCES MANAGEMENT, INC.
(FORMERLY ERM-WEST, INC.) (FORMERLY ERM
REMEDIATION & CONSTRUCTION MANAGEMENT WEST, INC.)
THIS AMENDMENT NO. 15 TO AGREEMENT TO PROVIDE PROFESSIONAL
ENGINEERING AND RELATED ENVIRONMENTAL SUPPORT SERVICES, is made
and entered into effective 5/31/2023 , 2023, by and between the CITY OF
FRESNO, a municipal corporation (City), and Environmental Resources Management,
INC., a Pennsylvania Corporation, formerly ERM-West, formerly ERM REMEDIATION &
CONSTRUCTION MANAGEMENT WEST, INC., an Arizona corporation (Consultant).
RECITALS
WHEREAS, the City on behalf of itself, the Boeing Company (Boeing), and the
United States Army Corps of Engineers (USACE) entered into an Agreement to Provide
Professional Engineering and Related Environmental Support Services with Consultant
dated December 21, 2006 (the "Agreement"), Amendment No. 1 to the Agreement dated
February 4, 2011; Amendment No. 2 to the Agreement dated February 17, 2012;
Amendment No. 3 to the Agreement dated December 11, 2012; Amendment No. 4 to the
Agreement dated September 16, 2013; Amendment No. 5 to the Agreement dated
January 30, 2014; Amendment No. 6 dated September 8, 2014; Amendment No. 7 dated
February 2, 2015; Amendment No. 8 dated March 21, 2016; Amendment No. 9 dated
November 16, 2016; Amendment No. 10 dated March 27, 2018; Amendment No. 11
dated March 16, 2019; Amendment No. 12 dated February 27, 2020; Amendment No. 13
dated December 10, 2020; and Amendment No. 14 dated January 13, 2022 for
professional engineering, environmental and remedial actions concerning ground water
contamination emanating from the Fresno Yosemite International Airport ("Airport" or,
sometimes, "Old Hammer Field"), which services are hereinafter collectively referred to
as the "Project"; and
WHEREAS, the City, USACE, and Boeing (collectively, the "Parties") have entered
a Settlement Agreement and Order in Case No. 1:06-CV-01559-OWW-GSA, where under
these parties entered an Operating Agreement to coordinate the ongoing clean-up
including selection and retention of consultants and contractors; and
WHEREAS, Consultant is the Parties' remediation contractor identified in the
Settlement Agreement; and
WHEREAS, the City desires to amend the Agreement to provide for certain
ongoing additional services; and
WHEREAS, the Parties concur in the ongoing retention of Contractor to perform
the ongoing scope of work in this Amendment No. 15 to the Agreement and coordinate
with the Regional Water Quality Control Board (RWQCB), as provided herein.
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AGREEMENT
NOW THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual promises herein contained, and for other good and
valuable consideration hereby acknowledged, the parties agree as follows:
1. The Consultant shall perform the additional services described in "Proposed
2023 Tasks, Remedial Actions Implementation and Site Monitoring, Old Hammer Field,
Fresno California", attached hereto as Exhibit 1 and incorporated herein (Additional
Services).
2. The total fee for satisfactory performance of the Additional Services shall
not exceed $789,014, and the total not to exceed fee for satisfactory performance of all
services required or rendered pursuant to the Agreement, as amended hereby and as
previously amended by Amendment Numbers 1 through 15, shall not exceed $5,463,939.
3. Consultant acknowledges and agrees that pursuant to the Settlement
Agreement and Order in City of Fresno v. United States of America, et al. (Case No. 1:06-
CV-01559-OWW-GAS in the Federal District Court sitting in Fresno, California), ninety
percent (90%) of the total fees due under this Amendment is to be provided to the City
from Boeing (which shall pay 22% of the total payments due to Consultant hereunder to
City) and from USACE (which shall pay 68% of the total payments due to Consultant
hereunder to City). Accordingly, the City shall not be obligated to compensate Consultant
beyond the ten percent (10%) City share until the City has received the foregoing shares
from Boeing and USACE.
4. Consultant shall report directly to the City of Fresno, Director of Aviation or
a designated representative.
5. Except as expressly provided herein, or as previously set forth in
Amendment Numbers 1 through 14, all provisions of the Agreement shall continue in
effect.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the Parties authorized agents have executed this
Amendment No. 15 to Agreement to Provide Professional Engineering and Related
Environmental Support Services at Fresno, California, the day and year first above
written.
CITY OF FRESNO,
a California municipal corporation
,— ❑ocwligned by:
By:
UnYlb� ibin 5/31/2023
P
Henry° °ompson
Director of Aviation
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
❑ccuSf ned by: r�1�""
By: �jVAIn,�AVt, CbW127/2023
Bran Wn o I I e t Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clegkignedby:
By:FIZ h q'ikr 6/1/2023
Deputy
Addresses:
CITY:
City of Fresno
Attention: Henry Thompson
4995 East Clinton Way
Fresno, CA 93727
Phone: (559) 498-5549
Environmental Resources Management,
INC.
A Pennsylvania corporation
ZZ
$igned by:
By: V j h4i 4/27/2023
Name: Truong Mai
Title: Vise President
(If corporation or LLC., Board
Cr-);1
�FI t,qy:Vice Pres.)
By:
111�" 4WW23
Name: Gregory J. Wheeler
Title:
Secretary
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)
Any Applicable Professional License:
Number: 2472
Name: P.G.
Date of Issuance: 2006
Environmental Resources Management,
INC.
Attention: Gregory J. Wheeler
Partner
5001 California Ave, Suite 205
Bakersfield, CA 93309 - 1692
Phone: 949-623-4700
FAX: 949-623-4711
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